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City Council

Regular Meeting

Cookeville, TN · March 6, 2025

AgendaMinutes

Minutes

COOKEVILLE CITV COUNCIL REGULAR MEETING MARCH 6,2025 5:3O PM The Cookeville City Council met in regular session on Thursday, March 6,2025, at 5:30 p.m., in the Municipal Building, 45 E. Broad Street. CALL TO ORDER AND ROLL CALL Mayor Wheaton called the meeting to order. Present and answering roll call were Councilman Bagci: present Councilman Walker: present Mayor Wheaton: present Vice-Mayor Eldridge: present Councilman Gilbert: present Also present: James Mills, City Manager, Darian Coons, City Clerk and Dan Rader IV, serving as City Attorney. INVOCATION AND PLEDGE OF ALLEGIANCE City Manager James Mills gave the invocation. Mayor Wheaton led the Pledge of Allegiance. CONSIDER APPROVAL OF AGENDA AS PRESENTED Councilman Walker made a motion to approve the agenda as presented. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye OLD BUSINESS Consider approval of minutes of council meeting held on February 2O, 2f)25. Councilman Bagci made a motion to approve said minutes as submitted, The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Cookeville City Council Minutes March 6,2025 Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye CONSENT AGENDA Set a date (4-3-25) for Public Hearing to declare as surplus a portion of the property located at 125 Chestnut Avenue: request submitted by Cookeville Regional Medical Center. Set a date (4-3-25) for a public hearing on Ordinance # O25-O3-O1, amendments to the Official Street Map. Set a date (4-3-25) for a public hearing on Ordinance # O25-O3-O2 to rezone property on West Broad Street and Ridgedale Drive (Tax Map O39 Parcel 182,OO and a portion of Tax Map O39 Parcel 185'OO) from RS-2O (Single Family Residential) to CL (Local Commercial). Set a date (4-3-25) for a public hearing on Ordinance #O25-O3-O3 to rezone property at 1211 South Jefferson Avenue (Tax Map O66' Parcel O81.O8) from CR (Regional Commercial) to CG (General Commercial). There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to approve the consent agenda, The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye NEW BUSINESS . PUBLIC HEARINGS AND ACTION ITEMS Consider approval and authorize the City Manager to execute Contract amendment with engineering firm Ragan Smith for rebid of Phase II of the East Spring Street (US 70 N) Multimodal Grant Sidewalk Project. Additional information: Appendix 7A There were no public comments concerning this item. 2 Cookeville City Council Minutes March 6,2025 Vice-Mayor Eldridge made a motion to approve and authorize the City Manager to execute a contract amendment with engineering firm Ragan Smith for rebid of Phase II of the East Spring Street (US 70 N) Multimodal Grant Sidewalk Project, The motion was seconded by Councilman Gilbert. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider awarding bid for 2025 Mine Lick Creek Road Water Line Project - Water Quality Control Department. Additional information: Appendix 78 There were no public comments concerning this item' Councilman Bagci made a motion to award bid for the 2025 Mine Lick Creek Road Water Line Project. The motion was seconded by Vice- Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider Resolution #R25-O3-O3, to abandon an easement for a water tank and an access road to that tank site on the property located at 11OO South Willow Avenue, further identified as Parcel O98.OO on Tax Map O55, owned by Broad Street Properties (formerly known as the Norwalk property) - Water Quality Control Department. Additional information: Appendix 7C There were no public comments concerning this item. Councilman Bagci made a motion to adopt Resolution #R25-03-03. The motion was seconded by Councilman Walker. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye J Cookeville City Council Minutes March 6,2025 Consider awarding bid for lawn care services for certain city parks' facilities, and rights-of-way - Leisure Services and Public Works Departments, Additional information: Appendix 7D There were no public comments concerning this item. Councilman Bagci made a motion to award the bid for lawn care services for certain city parks, facilities and rights-of way as recommended, authorizing utilization of the second lowest bidder if the contract with the first awarded bidder was terminated. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge aye Councilman Gilbert: abstain crTrzENs REQUEST FOR HEARTNG BEFORE CrrY COUNCTL A City of Cookeville property owner addressed the City Council regarding a multiyear construction project at 531 N. Dixie Ave. City Attorney Dan Rader, IV communicated that the City has filed a lawsuit against the homeowner for violations of the code and a hearing has been set for April. HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER City Manager announced the cancellation of the March z}th,2025 City Council Meeting. Councilman Gilbert announced the Cookeville High School Lady Cavs won the Class 44 Region Championship. They will be playing on Saturday night March 8th at home. MAYOR'S COMMENTS Mayor Wheaton and the Council members thanked all of the City employees who worked out in the last storm clearing up brush and restoring power. ADJOURNMENT There being no further business, Mayor Wheaton declared the meeting adjourned at 5:49 p.m. 4 Cookeville City Council Minutes March 6,2025 ATTEST: Darian Coons - City Clerk urin Wheaton - Mayor 5 APPENDIX 7A NN RaganSmith a Pape-Dawson company February 27,2025 VIA ELECTRON|C MA|L: U"#.*g.qL{€t*W.'hPVi',:342.1..*.frfA Mr. Jon Ward, Director Department of Community Development Gity of Cookeville (Glient) 45 East Broad Street Cookeville, Tennessee 38501 RE ADDENDUM #I STATE ROUTE 24 / EAST SPRING STREET SIDEWALK |MPROVEMENTS PROJECT - PHASE 2 (PlN 122002.021 COOKEVILLE, TENNESSEE RAGANSMITH JOB# 24.0127 Dear Jon, Ragan-Smith-Associates, LLG (RaganSmith) is pleased to offer this addendum to professional services outside the Scope of Services within the original signed contract dated May 3, 2024. Your acceptance of this addendum acknowledges that the attached Contract Terms and Conditions are agreeable and are incorporated by reference. ANTTC| PATED AUTHORITIES HAVING JURTSDTCTION (AHJ) r City of Cookeville ADDENDUM SCOPE L Construction Rebid Process RaganSmith will be responsible for the items in this section for a singular rebid of the project. RaganSmith will resubmit the following items to TDOT Local Programs for review and approval: o Bid Advertisement update (correct dates and submittalfor posting online) r Bid Book update (correct dates, review latest spec dates, incorporate hard copies of Supplemental Specs, establish Bituminous lndex, etc') . Engineer's Estimate After TDOT Local Programs approves the above documents, RaganSmith will be responsible for: o Bid Book and Construction Plans distribution (including printing) . Addendum development and publication o Bid opening o Bid review . Recommendation of award II A$ HV I LLI CllAtTAt{0OttiA MUR Fnt*gH1)R o TTiANKLIN 315 Woodhnd Street 35 Stotbn Strs€t 1500 Medlcol Centor PorkwoY 4OBg RurolPlslns Clrcle P.O.Box60070 Chottonoogp,TN 37409 Sulto 2 J Suite 2gO Noehvllle.TN 3?206 hihJrfreeaboo, TN 3fi29 Fronklln,TN 37064 NN {:ti;g,":.2 COMPENSATION RaganSmith will provide the above Scope of Services for the following lump sum fees (unless nofed otherwise): l' Gonstruction Rebid Process " $3'000'00 The above scope and fee is in addition to the original contract fees and any other previously issued addendums. All other terms and provisions of the referenced original contract and / or addendums shall remain in fullforce and effect. We appreciate the opportunity to provide this proposal and look forward to working with you. lf you agree to the ierms, please lign, and return a copy which will serve as authorization to proceed with the work' Sincerely, RAGAN.SMITH.ASSOCIATES, LLC fu Lp,,,,,,*- ,{ {.-4 Loganfteed, Ph. Lee Schumann, P.E. Vice President Project Manager WLS / FLR: kal Attachment CLIENT ACCEPTANGE and AUTHORIZATION TO PROCEED: By: Date: Printed i Typed Name Title: NN Ragansmith coNTRAcrrERMs AND coNDtrtoNs SCHEDULE OF SERVICES AND EXPENSES - The pARflES, SERvtcEs, ASSTGNMENT AND ENTIRE AGREEMENT - Rasan-Smith- Associatei, lnc., as an independent consultant, agrees to provide consulting seruices to lhe client below hou'ly billing rates are current and effective as of the date or this asreement. Hourry rates wirr be based :?5:ff"h:":?ffilT:i:*::i"tii,?""i?;*3,lllf iffi'3'"ff:""'"1?"T :;'iili"'",;!#: on the most current RaganSmith rate sheet when cinditionssetoutinthisAgreement. ThisAgreementmaynotbeassignedbyeither partywithoutprior services are provided an-d are therefore subject to written permission of the other party. This Agreement constitutes the entire understanding of chanse. $,:HT:i"ilil "fjff::nf,ffifi il:ffi;,j;:1,:""",,"" or representarion made orherrhan as PRoFESSIoNAL SERVICES STANDARD OF CARE - Ragansmilh agrees lo perfom consulting seruices in accordance with the degree of care and skill ordinarily exercised by other reputable members of our profession under Ctassification HourlY Rate siriilar circumstances. No wananty expressed or implied is made or intended by this Agreement Principal $350.00 relaiing to the services provided by RaganSmith. Senior Project Manager 270.00 Senior Design Manager 260.00 coNcEALED OR UNKNOWN CONDITIONS - lf condilions are encountered at the site thal are concealed or unknown, then Ragansmith will be entitled to an equitable adiustment in lhe contract Project Managet 225.00 sum or contract lime or both. Design Manager 225.OO Professional Engineer 210.00 oPlNloNs oF cosT - vvhen requesled by the clienl, Ragansmilh will use its best efforts, experience, and judgment to offer an opinion of estimated construclion costs. such opinions are o Civil Engineer based on available h-istorical data and are intended to provide an estimate of cost. No wananty of o Traffic Engineer the actual construction cost is expressed or implied. o Hydrology/HydraulicsEngineer slTE ACCESS - Client will grant or obtain free access to the site for all equipment and personnel . EnvironmentalEngineer necessary for Ragansmith to perform the seruices set forlh in this Agreement. clienl will notiry any . ConstructionEngineer and all tenants oipossessors ofthe project site that Clienl has granted Ragansmilh free access to the site. Professional Land Surveyor $185.00 Professional Landscape Architect 175.00 JOB SITE SAFETY - Client agrees that, in accordance with lhe generally accepted construction prac1ce, the contraclor will be iolely and completely responsible for working condilions on th€ job Planner 170.00 site, including safety of all persons and property during lhe performance of the services, and with compliance iitt' utt-OSHn i"gulalions. Neither the professional activities of Ragansmith nor the presence of Ragansmith or its employees and sub-mnsultants on the iob site shall relieve the TECHNIGAL SERVICES General Contractor of its responsibilities. Classification Hourly Rate Senior Designer $170.00 INSuRANCE - Ragansmith maintains insurance coverage including workers' compensation lnsurance, Employeis Liability lnsurance, Commercial General Liability lnsurance, Automobile Senior Technician 170.00 Liability lnsurance and Profesiional Errors and Omission lnsurance. Certilicates of lnsurance will Designer 145.00 be fumished upon request of not less than $1 million dollars. Technician 140.00 LIMITATION OF LIABILITY - ln recognition of the relative risks and benelits of the proiect to both the Administrative Assistant 120.00 Client and Ragansmith, the risks have been allocated such lhat the Client agrees, lo lhe fullest extent permitted by l;w, that Ragan-Sith's tolal liability to the Client and/or its agents shall not exceed Ragan- bmith's proiessional liabiliiy insurance which shall not fall below $'l million dollars' FtELp SURVEY SERvtcEs Classification Hourly Rate wAtvER oF CoNSEQUENTIAL DAMAGE - RaganSmiih and client waive their right to recover consequential damages against each olher, and Ragansmilh and client do hereby release each other Survey Manager $165.00 from consequential damages for claims, dispules or other matters in question arising out of or relating 170.00 to this Agreiment. This mutualwaiver is applicable, without limitation, to all consequenlial damages One Man Survey Crew including damages resulting from the termination of this Agreement. Two Man Survey Crew 230.00 290.00 PAYMENT TERMS - Client will be invoiced once each month tor services performed during the Three Man Survey Crew preceding period. The terms of this Agreement are not based !pon.clienl's financing or loan lerms. 3-D Laser Scanning Survey Crew 315.00 if paymeit-is not received within thirty (30) days of the invoice date, the Client agrees to pay a service y2o/o) pet month mmpounded monthly. charge on the past due amount of one and one half percent (1 Unmanned Aircrafl Crew 340.00 Non-payment of invoices may result in work stoppage or delay. CoNsTRucTIoN SERVICES DISPUTE RESOLUTION: Anything to the contrary notwithstanding in this Agreemeni, any dispute arising oul of this contract shall be decided in lhe chancery coun of Putnam County, Tennessee, as Classification Hourly Rate 16e sJle and exclusive venue and jurisdic{ion for the resolution of any said claims. The parties may Construction Manager $210.00 voluntarily agree to a non-binding mediation in cookeville, Putnam county, Tenness€e, lo resolve dispute plior to litigation, but are no obligated to do so. Each party shall be responsible for its own CEI Resident Engineer 180.00 fees and court cosls. AsphalUConcrete Plant Manager 155.00 Senior lnspector 150.00 TERMINATION - The Agreement may be only teminaled for cause upon seven (7) days..of written notice. ln the event ofiermination, Ragansmith will be entitled to compensation for all seruices CEI Contract Specialist 140.00 provided and expenses incurred up to and including the termination date lnspector 125.O0 oWNERSHIP AND USE OF DOCUMENTS - lf, in the pursuit and accomplishment of this work, Ragansmith,s work product exists in electronic or computerized fomat, or is transferred in electronic EXPENSES or iomputerized fomat (CADD), lhe stamp, seal and signature shall be original and will not be a compuler-generated copy, photocopy, or facsimile transmission of the original. Any use or reuse.of -daia/intorm;tion Expenses (not limited) are not included in the service fees original or-altered CADD by Client, agenls of Client, or other parties without the prior of this agreement unless specifically stated. revlew and written approval of RaganSmith shall be at the sole risk of Client. Further, Client agrees to defend, indemniry, and hold harmless Ragansmith from all claims, injuries, damages, losses, and afiomey's fees arising out of the unauthorized use, re-use, or modifi€tion of this Travel: Cost+ 10% daia/infomation. All documents (drawings, plans, letters, notes, calculations, renderings, reports, "xpense", models, specificalions, exhibits and other documents) produced by Ragansmith are inslrumenls of Travel and subsistence expenses service and remain the property of Ragansmilh and can only be used on lhe specitic prcjectfor which (Lodging, meals, mileage, etc.) they were produced. Any other use of the documents is strictly prohibited. Subcontracts: Cost + Sundries / RevieWsubmittal Fees: 665t + 10% Printing/reproductions: Commercial Rates Review/submittal fees over $200 are to be paid by the client directly to the jurisdictional agency January 2025 Sidewalk l-egend Eritting Sid€wrlk ewalk Improvements - Rsvir€d 2C14 MrAC (Pbu 1) -3 Prcposd Rdisd ZO21 l.llitAG (Optiu t) Route 24 (East Spring Street "* 2023 iltilAG Ten I + L!lr_.\r_' be i;i '!:J:!.rs & ---j 1_ t t-l r;imflEi-r ryt-;irr58ard Fil. {-dfiirir,tr} lt er@ EIg" Rri.6!ffi. E efRq^rri:re' '{l E -r. r"-ir!illde- -: I :-r-dff#il -"lJ' .$s fi t- r' ar|imf i.rii a)4 ''+ '! '{ !! a rv Legend Commerclal I Public Service t Il l1 ') -: |.-!.''ru .r il I I t 1 t I t r:. I I r Private Service I Indu*rial .. i.' l *2I ' t { J la Single Family *t^:l f ltstond _ -- 5 Residenthl KecrealKtnat 'oln.a - -__:-i.r I I Multi-Family Residmtial I Tennessee Technolosical *tr '- -{ "l':t-l t i I -..1 oi it-a Duplex University I arl tr q I L Other l- If rr U,: lr. [ ..t ,"{ t * t :t{ t APPENDIX 78 c f CITY OF { \ ) rf, J I COOKEVILLE TENNESSEE WATER OUALITY CONTROT llll MEMORANDUM To: City Council City Manager From : B arry ru-.?fr"",o. Date: February 28,2025 Re: Consider awarding bid for 2025 Mine Lick Creek Road Water Line Project During the next Council meeting I will be seeking authorization for the City Manager to execute a construction contract with Cleary Construction Inc. for the 2025 Mine Lick Creek Road Waterline Project. This project is the first phase toward replacing the 4" asbestos cement water line that we acquired from the Double Spring Utility District. This phase includes connection to a 12" water line near the Tennessee Avenue interchange and extending east across Cane Creek up to Bush Road. We received four bids, with the lowest bia Oeing from Cleary Construction Inc., $940,006.00, which was approximately $100,000 less than our estimate. A copy of the bid tab is attached as well as a map showing the location of the proposed water line. Feel free to call me or email me at bturner@cookeville-tn.eov with any questions. Mine Lick Greek Road Proposed Water Line Flcosa Legend I-l Proposed Water Line I CITY OF COOKEVILLE DEPARTMENT OF WATER QUALITY CONTROL 2025 Mine Lick Greek Road Waterline Project DATE OF BID OPENING 27-Feb-25 TIME:10:00AM BIDS OPENED BY Matthew Phillips BIDS WITNESS BY Marie Gamble BIDDERS BID Cleary Cons{ructlon $940,006.00 Cumberland Pipeline $997,273.00 John T. Hall Construction $1,201,700.00 Noah C Roberts Contracting DNB Norris Brothers $966,900.00 Twin States Utilites & Excavation, lnc DNB DNB - DID NOT BID DNMS. DID NOT MEET SPECS WE, THE UNDERSIGNED, DO HEREBY RECOMMEND THE BID FROM - CLEARY CONSTRUCTION . BE AWARDED FOR THE FOLLOWING REASONI LOW BID MEETING SPECIFICATIONS M HEAD FINANCE DIRECTOR CITY MANAGER APPENDIX 7C RESOLUTION NUMBER R25-03-03 A RESOLUTION OF THE RESOLUTION NO: R25-03-03 COOKEVILLE CITY COUNCIL, TO REQUESTED BY: Barry Turner ABANDON AN EASEMENT FOR A PREPARED BY: Barry Turner WATER TANK AND AN ACCESS APPROVED.FORM/CORRECTNESS : ROAD TO THAT TANK SITE ON THE PROPERTY LOCATED AT (City Attorney) 11OO SOUTH WILLOW AVENUE, ADOPTED: FURTHER IDENTIFIED AS MINUTE BOOK PAGE PARCEL O98.OO ON TAX MAP 065, OWNED BY BROAD STREET PROPERTIES (FORMERLY KNOWN AS THE NORWALK PROPERTY) WHEREAS, the Ox-Fibre Brush Company, Inc., formerly located at 1100 South Willow Avenue, further identified as Tax Map 065, Paicel098.00, presented the City Council of the City of Cookeville, Tennessee an easement for a water line, a water tank, and an access road to the water tank at the City's February 14,1964, Council Meeting; and WHEREAS, the easement is recorded in the minutes of the February 14,1964, Council meeting; and WHEREAS, the water line and tank were installed and the water line, or its replacement is still in service today; and WHEREAS, the water tank was taken out of service and subsequently torn down in approximately 1 984; and WHEREAS, the property owner has requested that the easement for the water tank and the access road to the tank be abbndoned and the City agrees that it will never use the site again for a water tank. NOW' THEREFORE, BE IT RESOLVED by the City Council of the City of Cookeville, Tennessee, as follows : 1. That the water tank easement, and the easement for access to the tank accepted by the City of Cookeville at the Febru ary 14, 1964 meeting should be and is hereby declared abandoned; 2. That City Manager is hereby authorized to execute any document or instrument necessary to effectuite the a6andonment and termination of said easem^e4t(s) and take any. other action necessary to confirm the same for future beneficial owners of the property previously encumbered by the easement(s); and 3. That the City of Cookeville shall retain the water line easement in the origing! gtqlt and may modifu its l6cation on a subdivision plat that has been presented to the City for consideration. ADOPTED, THIS THE 6TH DAY OF MARCH,2025. RESOLUTION NO. R25-03-03 THE CITY OF COOKEVILLE Laurin Wheaton, Mayor ATTEST: Darian Coons, City Clerk RESOLUTION NO. 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Agenda

COOKEVILLE CITY COUNCIL REGULAR MEETING AGENDA THURSDAY, MARCH 6, 2025 5:30 PM 1. CALL TO ORDER AND ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF AGENDA AS PRESENTED 4. APPOINTMENTS, PROCLAMATIONS, PRESENTATIONS OR AWARDS 5. OLD BUSINESS A. Consider approval of minutes of council meeting held on February 20, 2025. 6. CONSENT AGENDA A. Set a date (4-3-25) for Public Hearing to declare as surplus a portion of the property located at 125 Chestnut Avenue: request submitted by Cookeville Regional Medical Center. B. Set a date (4-3-25) for a public hearing on Ordinance # O25-03-01, amendments to the Official Street Map. C. Set a date (4-3-25) for a public hearing on Ordinance # O25-03-02 to rezone property on West Broad Street and Ridgedale Drive (Tax Map 039 Parcel 182.00 and a portion of Tax Map 039 Parcel 185.00) from RS-20 (Single Family Residential) to CL (Local Commercial). D. Set a date (4-3-25) for a public hearing on Ordinance #O25-03-03 to rezone property at 1211 South Jefferson Avenue (Tax Map 066, Parcel 081.08) from CR (Regional Commercial) to CG (General Commercial). 7. NEW BUSINESS A. Consider approval and authorize the City Manager to execute Contract amendment with engineering firm Ragan Smith for rebid of Phase II of the East Spring Street (US 70 N) Multimodal Grant Sidewalk Project. SPONSOR – JON WARD. B. Consider awarding bid for 2025 Mine Lick Creek Road Water Line Project – Water Quality Control Department. SPONSOR – BARRY TURNER C. Consider Resolution #R25-03-03, to abandon an easement for a water tank and an access road to that tank site on the property located at 1100 South Willow Avenue, further identified as Parcel 098.00 on Tax Map 065, owned by Broad Street Properties (formerly known as the Norwalk property) - Water Quality Control Department. SPONSOR – BARRY TURNER D. Consider awarding bid for lawn care services for certain city parks, facilities, and rights-of-way - Leisure Services and Public Works Departments. SPONSOR - RICK WOODS CITY COUNCIL AGENDA MARCH 6, 2025 8. CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL 9. HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER A. Reminder that March 20, 2025, Cookeville City Council Meeting has been cancelled. 10. MAYOR'S COMMENTS 11. ADJOURNMENT ___________________________ Darian Coons, City Clerk

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